Shareholder Class Action Filed Against American Italian Pasta Company by the Law Firm of Schiffrin & Barroway, LLP
August 12 2005 - 6:09PM
PR Newswire (US)
RADNOR, Pa., Aug. 12 /PRNewswire/ -- The following statement was
issued today by the law firm of Schiffrin & Barroway, LLP:
Notice is hereby given that a class action lawsuit was filed in the
United States District Court for the Western District of Missouri
on behalf of all securities purchasers of American Italian Pasta
Company (NYSE:PLB) ("AIPC" or the "Company") from October 25, 2000
through August 9, 2005, inclusive (the "Class Period"). If you wish
to discuss this action or have any questions concerning this notice
or your rights or interests with respect to these matters, please
contact Schiffrin & Barroway, LLP (Darren J. Check, Esq. or
Richard A. Maniskas, Esq.) toll free at 1-888-299-7706 or
1-610-667-7706, or via e-mail at . The complaint charges AIPC,
Timothy S. Webster, Horst W. Schroeder, George D. Shadid, and
Warren B. Schmidgall with violations of the Securities Exchange Act
of 1934. AIPC engages in the production and marketing of dry pasta
in North America. According to the Complaint, the Company failed to
disclose and misrepresented the following material adverse facts
which were known to defendants or recklessly disregarded by them:
(1) that the defendants failed to properly expense $6.6 million in
promotional allowances and related customer deduction receivables
during the Class Period; (2) that defendants failed to take timely
write downs for spare parts inventory, which caused the Company to
take a $5.4 million charge; (3) that defendants maintained
inadequate reserves for slow moving, damaged and discontinued
inventories; (4) that the Company failed to record $1.9 million in
certain fixed asset retirements during the Class Period; (5) that
as a result of this, the Company's financial results were in
violation of generally accepted accounting principles ("GAAP"); (6)
that the Company lacked adequate internal controls; and (7) that as
a result of the above, the Company's financial results were
materially inflated at all relevant times. On August 9, 2005, after
the market closed, AIPC announced a $60.7 million charge and a
Securities and Exchange Commission ("SEC") inquiry. More
specifically, the Company stated the SEC was investigating it for
various unspecified financial restatements and for transactions of
the company's stock by outsiders in late 2004 and early 2005, for
which the Company had received inquiries from the New York Stock
Exchange and the Philadelphia Stock Exchange. Additionally, the
Company stated that it was delaying the release of its full
financial results for the third fiscal quarter ended July 1, 2005,
and was also delaying the filing of its third quarter Form 10-Q
with the SEC. Moreover, AIPC stated that its Audit Committee is
conducting an internal investigation of certain accounting
procedures and practices and certain other matters. On news of
this, shares of AIPC fell $7.66 per share, or 36.58 percent, to
close at $13.28 per share on unusually high trading volume.
Plaintiff seeks to recover damages on behalf of class members and
is represented by the law firm of Schiffrin & Barroway, which
prosecutes class actions in both state and federal courts
throughout the country. Schiffrin & Barroway is a driving force
behind corporate governance reform, and has recovered billions of
dollars on behalf of institutional and individual investors from
the United States and around the world. For more information about
Schiffrin & Barroway, or to sign up to participate in this
action online, please visit http://www.sbclasslaw.com/ If you are a
member of the class described above, you may, not later than
October 11, 2005 move the Court to serve as lead plaintiff of the
class, if you so choose. A lead plaintiff is a representative party
that acts on behalf of other class members in directing the
litigation. In order to be appointed lead plaintiff, the Court must
determine that the class member's claim is typical of the claims of
other class members, and that the class member will adequately
represent the class. Under certain circumstances, one or more class
members may together serve as "lead plaintiff." Your ability to
share in any recovery is not, however, affected by the decision
whether or not to serve as a lead plaintiff. You may retain
Schiffrin & Barroway, or other counsel of your choice, to serve
as your counsel in this action. CONTACT: Schiffrin & Barroway,
LLP Darren J. Check, Esq. Richard A. Maniskas, Esq. 280 King of
Prussia Road Radnor, PA 19087 1-888-299-7706 (toll free) or
1-610-667-7706 Or by e-mail at DATASOURCE: Schiffrin &
Barroway, LLP CONTACT: Darren J. Check, Esq. or Richard A.
Maniskas, Esq. of Schiffrin & Barroway, LLP, +1-888-299-7706
(toll free), or +1-610-667-7706, or Web site:
http://www.sbclasslaw.com/
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